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CONSULT THE BEST MOTOR ACCIDENT LAWYERS IN KHANDAS ROAD, MUMBAI CITY

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  • Advocate Adv Ravi Birajdar

    Advocate Ravi Birajdar

    Practice Area : criminal law, civil law, divorce and alimony, prop...

    City: mumbai city

    Practicing Since: 08 Years

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Lawyers for Motor Accident in Khandas Road, Mumbai City

Before  1988 there wasn’t any act specifically mentioned for incidents related to motor vehicles, accidents, licenses, etc. The objective behind the making the Motor Vehicle Act, 1988 is to put down a law in a single act about all the laws related to motor vehicles. 

Breaking traffic has become a trend for the younger generation. This has led to a tremendous increase in motor vehicle accidents. The Motor Vehicles Act, 1988 doesn't have a particular definition for motor accidents but ordinarily means a car accident, also mentioned as a “traffic collision,†or a “motor vehicle accident,†occurs when an automobile collides with another vehicle, an object at rest or a pedestrian, or an animal. 

While some car accidents result only in civil damage, others end in severe injuries or death. There are many factors that will contribute to car accidents, and sometimes such accidents have legal consequences. Many countries follow a tort liability, but if the accident has caused severe damage the person will be criminally liable for such damages. Usually, all drivers of automobiles are required to hold insurance just in case they cause an injury to somebody else.

What is the law related to motor accidents? 

The Motor Vehicles Act, 1988 is a specified act only of laws related to motor vehicles for regulating all the aspects of road transportation such as car accidents, rickshaw accidents, licenses, age limit, etc. The Act also laws relating to negligence, insurance, claim application, accidents due to motor vehicles, assessment of the claim, legal defence available to the Insurance Companies towards third party incidents, etc. Right of recovery from owner to Insurance Company, Transfer of Vehicle, Driving License are also included in to the act. 

Why do you need to hire a lawyer for a motor accident?

At times some accidents occur under such circumstances that the Court has to take assistance from certain specialists. For e.g. A has bought a car but does not have valid papers for it. He after having a few drinks was driving his car late at night on the roads of Delhi and under the influence of alcohol, he drove past a signal without noticing that he almost caused the death of a pedestrian. Traffic policeman C at that signal tried to stop him, which resulted in causing severe injuries to C as A was driving at high speed. 

Here, we can see that there are several things that the court has to take into consideration. A can fight his own case as the provision mentioned in the Constitution of khandas road, mumbai city but having a skilled Advocate to defend his case will have better possibilities to explain his situation better. As the Advocate has required the experience, knowledge, and know-how of the Court. She will be better at explaining A’s situation to the Court as compared to A. 

How to register if you have suffered a motor accident? 

Third-party insurance provides coverage to the third person or property in case you have damaged, injured, or caused death to the said party. You can claim compensation for damage caused to the third party by following the below steps.

  1. File an FIR at the nearest police station.

  2. In case the witnesses are ready to support your claim, note down their names and contact details.

  3. Click pictures and record videos of the accident site.

  4. Takedown the details of the third party involved. Also note the details of the third party i.e. policy details, vehicle number, name, contact details, etc.

  5. Inform the insurance company about the accident. It is necessary that you intimate the company within 36-48 hours of the accident.

  6. Your case will be registered at the tribunal court

In case of own damage claim: You can claim for your own damage in case you have purchased a comprehensive insurance policy. A comprehensive insurance cover provides you protection in case of damages caused to your own car, third person, or property. 

  1. Inform the insurance company within 36-48 hours of the damage.

  2. File a first information report, if required.

  3. Before moving the vehicle from the accident spot, consult the insurance company or the police officer.

  4. The car will be towed to the nearest garage station

  5. A surveyor will be sent by the insurance company to assess the extent of damage done

You can opt for cashless claim service in case the car is repaired at the damage at the garage that falls under the network of the insurer.

On the basis of the coverage and the repair costs, the claim will be settled.

At the time of filing the claim, you will also have to submit documents such as registration certificate, policy copy, driving license, claim form, FIR copy, and other documents.

Famous judgment on motor accident law?

New khandas road, mumbai city Assurance Co. Ltd. vs Takhuben Raghabhai And Ors. 30 November 2006: Even if there's no negligence on the part of the driving force or owner of the automobile, but an accident happens while the vehicle was in use, shouldn't the owner be made responsible for damages to the one that suffered on account of such accident? This question depends upon how far the rule out Rylands v. Fletcher 1861-73 All ER 1, can apply in motor accident cases. After pertaining to the choice in Rylands v. Fletcher, Winfield's Commentaries on Tort and therefore the decision of the Apex Court in M.C. Mehta v. Union of khandas road, mumbai city 1987 ACJ 386 (SC), the Bhopal Gas leak disaster cases (sic escape of oleum gas case), and therefore the above-quoted observations in Gujarat State Road Trans Corporation v. Ramanbhai Prabhatbhat 1987 ACJ 561 (SC), the Supreme Court held as under:

In Jacob Mathew v. the State of Punjab, the three-Judge Bench of the Apex Court was considering the question of negligence within the context of the medical community and within the statutory backdrop of Section 304-A of the khandas road, mumbai cityn legal code. In paras 27 and 28 of the said decision, the court observed that res ipsa loquitur may be a rule of evidence that actually belongs to the law of Torts. Inference on negligence could also be drawn from proved circumstances by applying the rule if the explanation for the accident is unknown and no reasonable explanation on the cause is coming forth from the defendant. The court held that a case under Section 304-A can't be decided solely by applying the rule of res ipsa loquitur. it might thus appear that res ipsa loquitur may be a rule of evidence which can not be very easily invoked just in case of civil liability of execs and may never be applied to prove a criminal offence, but on account of the very fact that an automobile being driven with due care would ordinarily not meet with an accident, the rule of res ipsa loquitur as a rule of evidence is being invoked in motor accident cases with greater frequency than in ordinary civil suits. In light of the above discussion, we are of the view that albeit the courts might not by interpretation displace the principles of law which are considered to be settled and, therefore, the court cannot dispense with proof of negligence altogether cases of automobile accidents, it's possible to develop the law further on the subsequent lines:

 

(i) When the automobile is being driven with due care, it might ordinarily not meet with an accident and, therefore, the rule of res ipsa loquitur as a rule of evidence could even be invoked in motor accident cases with greater frequency than in ordinary civil suits

 

The decision in Lata Wadhwa's case (supra) was thus rendered on concession within the peculiar facts of that case and in no automobile accident case the Hon'ble Supreme Court or this Court has treated Lata Wadhwa's case (supra) as a precedent for assessing compensation for loss of expectation of life which is treated as loss to the estate. Tribunal has further mentioned the choice of the Apex Court in M.S. Grewal v. Deep Chand Sood, wherein reliance was placed on the choice in Lata Wadhwa's case (supra). However, M.S. Grewal's case (supra) was also not an automobile accident. Dalhousie Public School had organized a picnic for its students on the bank of River Beas. On account of the negligence of the teachers, 14 students died after being drowned within the river, a writ petition was filed within the supreme court. The supreme court ordered an inquiry to be conducted by the C.B.I, and upon examination of varied witnesses concluded that the death of 14 students by drowning was caused by rash and negligent acts of the teachers of the varsity. The supreme court directed the Chairman and therefore the management of the varsity to pay compensation of Rs. 5,00,000 to the oldsters of each of the 14 students who died within the incident. The Hon'ble Apex Court refused to interfere with the award of compensation because the supreme court had considered the overall situation as regards the social placement of the scholars. The varsity was one among the foremost affluent schools within the country and therefore the fee structure and other incidentals were so high that it might be a well-nigh impossibility to consider admission within the school at even the upper bourgeoisie level. The varsity catered to the necessity of the upper strata of the society. The Apex Court also held that the audited accounts of the varsity indicated that the financial stability of the varsity at the time of the judgment was much stronger than what it had been within the year 1995 when the incident happened. Thus, it's clear that even the choice in M.S. Grewal's case (supra) couldn't be considered as a precedent for assessing compensation in motor accident cases.

Why hire a lawyer through Lawtendo?

Lawtendo has the best lawyer for cases of motor accidents and also the best lawyer for insurance disputes who can aid you to acquire and recover your damages peacefully and legally. If you are looking for lawyers in khandas road, mumbai city in this field, Lawtendo happens to know the best and can help you connect with one.

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